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HomeMy WebLinkAboutLA 8708210749 ��R Rai ES RECORDProject No. W-885 AT a OFFICE CF TII£CITY CIFRK 87."'Ok:;.� 2. -� , 4k� E RENTON MUNICIPAL BLBG. AGREEMENT AND CONVEYANCE RECDRECDF 9.0; ' fir ?00 RILL AVE.S0. CASHSL ****9. 00 MOH,11{A 98055 RE: UTILITIES SYSTEMS THIS AGREEMENT made and entered into this /94— day of 19J7r by and between the CITY OF RENTON, a municipal corporation of th second class under the laws and statutues of the State of Washington, hereinafter referred to as "CITY" and Campbell Holdings hereinafter referred to as "DEVELOPER" ; WITNESSET H: WHEREAS "The Developer" is desirous of installing certain water =mad= lines and appurtenances thereto at, near, or within the hereinbelow described property and to connect same to the City's Utility System so that such improvements will constitute an integral part thereof; and WHEREAS no other property owners or users are presently available to share in the cost and expense of construction of such improvements and the parties hereto having in mind the provisions and terms of Chapter 261 of the 1959 Sessions Laws, generally referred to as a "Municipal Water and Sewer Facilities Act, (RCW 35.91 . 101 et seq)"; and WHEREAS "The Developer" is willing to pay all the costs and expenses for the installation of said improvements; NOW THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE AFORESAID PARTIES Tr AS FOLLOWS: 1 . The "Developer" hereby acknowledges and covenants that he is the owner of the tml following described property, to-wit; Tract 182 C.D. Hillman's Lake Washington Garden of Eden #3 as recorded in Volume 11 of C plats on page 81 records of King County, Washington, a/k/a Lot 1 and Lot 2, SP# 485069. and the "Developer" hereby agrees and covenants to cause to have installed the following described improvements, to-wit: Installation of 553 L.F. of 12" and 263 L.F. of 8" watermain, 4 fire hydrants and all appurtenances for development of Travelers Inn. and such installation to be made in full compliance with all applicable codes and regulations of the City of Renton. The "Developer" further covenants and warrants that all expenses and claims in connection with the construction and installation of the aforesaid improvements, whether for labor or materials or both have been or will be paid in full , all the "Developer' s" expense, and the "Developer" covenants and agrees to hold the City of Renton harmless from any liability in connection therewith. 2. The.. "Developer" further certifies that the total estimated Cost; of- said construction as hereinabove specified will be in the sum of $ 44,191.05. See Exhibit "A" attached hereto for the legal description of the lands affected by this latecomer agreement or a map showing in outline the land affected by such additional charges per the terms of this agreement. Per RCW 65.08. 170(3) (RCW 35.92.025) . See Exhibit "A". Sheet 1 of 5 (C —87 Based on said total amount of cost, the costs per x a> gcxbcDti tltxlXlxscx4MX1000m front lineal foot (d i i.he out the inappf i cable paha) of said improvement shall be employed to determine the pro rata reimbursement to the "Developer" by any owner of real estate, who did not contribute to the original cost of such improvement, and who subsequently wishes to tap into or hook unto or use said facilities, which tap or hookup shall include connections to laterals or branches connecting thereto, all subject to the laws and ordinances of the City of Renton and the provisions of this Agreement. It is hereby further agreed that in the event the total actual cost of the aforedescribed improvement shall be different from that set forth hereinabove, then this Agreement will be duly amended to set forth the total actual cost thereof. The pro rata cost per front lineal foot is $25.52154 3. It is hereby found and determined that the construction and installation said aforedescribed improvement is in the public interest and in furtherance of public health and sanitation. 4. The "Developer" hereby agrees and covenants to convey, transfers and assign unto City all right, interest and title in and to said improvements and all appurten- ances and accessories thereto, free from any claim and encumbrance of any party whomsoever; City agrees to accept and maintain said improvement as part of its present Utilities Systems upon approval thereof by the City Engineer and after inspection of said construction. The "Developer" further agrees and covenants to execute and to 05 deliver unto the City any and all documents including Quit Claim Deeds and Bills of goSales that may reasonably be necessary to fully vest title in the City and to 0 effectuate this conveyance and transfer. The "Developer" further agrees and covenants 4to pay unto the City such service or other charges as may be imposed by the Ordinance 0 of the City of Renton from time to time applicable to like users of the same class. 100 5. City reserves the right, without affecting the validity or terms of this Agreement to make or cause to be made extensions to or additions of the above improve- ment and to allow service connections to be made to said extensions or additions, without liability on the part of the City. 6. No person, firm or corporation shall be granted a permit or be authorized to tap into the facility for water or sewer service during the period of 10 (ten) years from date hereof, without first paying unto the City, in addition to any and all other costs, fees and charges made or assessed for each tap, or for the main facilities constructed in connection therewith, the amount required by the provisions of this contract except such charges shall not apply to any extension of the main facility. All amounts so received by the City shall be paid out by it unto the "Developer" under the terms of this agreement within sixty (60) days after receipt thereof. Further- more, in case any tap, hookup or connection is made into any such contracted facility without such payment having been first made, the legislative body of the City may cause to have removed such unauthorized tap, hookup or connection, and all connecting (title or pipe) or related accessories located in the facility of right-of-way, and dispose of such unauthorized material so removed, without any liability on the part of the City whatever. It is further agreed and covenanted that upon expiration of the term of this Agreement; towit: 10 (ten) • years from date hereof, City shall be m c v:+ r✓l�t rte r r.✓ � �w c Sheet 2 of 5 ' under no further obligation to collect or make any further sums unto the "Developer". The decision of the City Engineer or his authorized representative in determining or computing the amount due from any benefited owner who wishes to hook up to such improvement, shall be final and conclusive in all respects. 7. It is further agreed and understood that the aforedescribed improvements to be undertaken and paid for by Developer have been or are about to be connected with the Utilities Systems of the City, and upon such connection and acceptance by the City through its legislative body, said extension and/or improvement shall be and become a part of the municipal utilities systems. 8. This agreement shall be placed for record with the King County Auditor's Office immediately upon execution thereof and all costs of recording shall be the responsibility of the "Developer". DATED THIS '/-e.it..ete-i&X, DAY OF 4l9817 . CITY OF RENTON, A MUNICIPAL CORPORATION DEVEL CAMPBELL OLDINGS ,�_`-_ • ktil BY: <i X. / j BY: r�W WA��.1+ MAYOR kms. Cam,. .ell, Managing Partner BY: BY: a) CITY CLERK gel O CITY OF RENTON DEVELOPER VSTATE OF WASHINGTON ) STATE OF Ci 1 i f orn i U Q ) ss ) ss lin:COUNTY OF KING ) COUNTY OF ''Orange ) On this de day of AtguiSf , 1987, On this day personally appeared before me before me personally a red m_ $ Ii Jack B. Campbell , Managing 4 At.ine_ a. 1 , to me known t (Grantor(s) be the ( Mayor, City Clerk Partner of , Campbell Holdings o , as the case may be) of the municipal corporation that executed the to me known to be the individual(s),described within and foregoing instrument, and in and who executed the within and fore- acknowledged said instrument to be the free going instrument, and acknowledged that he and voluntary act and deed of said municipal (she or they) signed the same as his (her corporation, for the uses and purposes or their) free and voluntary act and deed, therein mentioned, and on oath stated that for the uses and purposes therein mentioned. he was authorized to execute said instrument Given under my hand and official seal 1tthis � and that the seal affixed is the corporate 19th day of June seal of said municipal corporation. IN WITNESS WHEREOF, I have hereunto set Signature of o...."_,..),7 f er an of icial seal myhand and affixed my official seal the day and year first above written. Notary Public in and for the State of Signatp e & Title of Offiler CaL.iforni.aresiding at Yorba Linda At ' - 67P, AS1Rryk— Nota y Pub rc in and for the St e of Washingto411 l esiding in , A ill_Il .. _—_---__---_ _ _ __ _ ___ _ ir'Y•1 � OFFICIAL SEAL ' ' . ,';‘,”;,-14,. OFFICIAL SIDNEY M FREW 4 •� �W NOTARY PUBLIC-CALIFORNIA,,,, mI�9N(>�CfltIN7Y i •'yam` My comm. wins AUG 31, 1987 Sheet 3 of 5 I EXHIBIT "A" NOTICE OF ADDITIONAL WATER OR SEWER FACILITY TAP OR CONNECTION CHARGES REQUIRED BY RCW 65 .08 . 170 (3) (RCW 35 . 92 . 025) MUNICIPALITY CITY OF RENTON , WASHINGTON ADDITIONAL TAP OR CONNECTION CHARGE PER: Campbell Holdings Latecomer Agreement PROJECT NO. : W-885 RECIPIENT : Campbell Holdings, Dan N. Baker, Vice-President BRIEF PROJECT DESCRIPTION : Installation of 553 L.F. of 12" and 263 L.F. of 8" watermain. 4 fire hydrants and all appurtenances for development of Travelers Inn. TOTAL ASSESSMENT COST : $ 44,191.05 TOTAL ASSESSABLE FOOTAGE : 1,731.52 (Front Footage or Square Footage) ') TOTAL COST PER FRONT FOOT OR SQUARE FOOT : $ 25.52154 Tr OIf there is any question regarding the paid or unpaid status of the following assessments , please call the City of Renton , Utility Engineer- ing Department at 235-2631 . GO ASSESSABLE ;1 LEGAL DESCRIPTION FOOTAGE ADDITIONAL CHARGE On ACCT. NO. 334330-1120 - 0 - DEVELOPERS SHARE TRACT 182 C.D. HILLMAN'S ($22,095.53) LAKE WASHINGTON GARDEN OF PRE-PAID EDEN #3 NOT ASSESSABLE Lot 1 S.P. 485069 Lot 2 S.P. 485069 330 L.F. $ 8,422.10 ACCT. NO. 334330-0820 TRACT 167 267.88 L.F. $ 6,836.71 ACCT. NO. 334330-1150 TRACT 185 BEING A PORTION OF THE TOTAL DAF: POR TRACTS 184 and 185 DAF: TR 184 LESS PORLY W OF ELY R/W SR 405 LESS POR LY S OF N R/W LN OF NE 44th TGW POR OF TR 185 LY S OF LN BEG AT NE COR SD TR 185 TH S 00-56-18 W 367.36 FT ALG E LN SD TR TO TPOB TH N 88-47-17 W PLW N LN OF SD TR 187 FT TH S 00-56-18 W 4 FT TH N 88-47-17 W 40.6 FT TAP ON ELY MGN SD HWY & TERMINUS SD LN LESS POR SD TR LY W OF ELY R/W OF SR 405 AKA LOT 2 RENTON LLA 015-82 REC NO 8301259003 267.88 L.F. $ 6,836.71 TOTAL $44,191.05 Sheet 4 of 5 • EXHIBIT "B" 7 / LATECOMER BOUNDARY �• New waterline installed under - W-885 , CAMPBELL HOLDINGS 40 yam •. :,r4-. "' �Q111 :, �d•i. • .Q' • r�/ • yP i 49 ...0 •• • 4�/J• I r • - ago Aro •.r, 1•.N, .•• .W,• , „,...4V '� Zi aC3 O C=7fE. 76TH ST r olT � -F. /0.%, \lc a it, i. / - ... C, i/ • :: / •Ce) Rfai O _�`/ f S.P. 485069 ` 0>ft t4� ,f ., \\ V O` •M•N•N/ 1CC) 2 • 4§/ <a° - 3 . 1 - $8,422. 10 •�0�� _/_ ♦ Ie3 �;��� ; I tet _ \\ 4'5 K7 ; ; _ 1 • • / : F(73 W.,7 / t 1 1 -/ ‹i 4 •••••••••• • •UTHERLY $ CAMPBELL SOUTHERLY • AU. r • • �'ORTION U't 1 HOLDINGS. I y PORTION '"" S �, \. •1•.•1.•• t�. OT 185 I - W-885 I b . LOT 167 a \: 7 $6,836.71 1 I •LOT 1—SP 485069 I • .•••t. ��... �� v+ • % DEVELOPER'S SITE $6 836.71 iii73 i de 00 • �� `' t _ , .d . .1 1 -1(// i/ // •,,b 4 7 3;y,9.4 Ty/ I • Iirf NORTH , . -•;,, i •N•••' �: ",�•� • •r Itt In h : N.E. 44th ST. .. • Ir...• -5—.•."-��1 • , •. •• t •"a ••••N • • • gri �; r -� 1 Ileo 1e3 ~`. 166 • li� f �o = : . x ,• 1. t‘ moll\.;•• •i • . s %/77 :1 ... n •, ••r Q • ..• ,. t)OS.74 SE •OTH ST. • .%'� Sheet 5 Of 5 lb . S.E.1/4 Sec. 29 twp.24 R 5 EWM .11 .' •0 ..